Agenda, decisions and minutes

The Mayor invited Members to observe a minute’s silence in memory of former councillor Rosie Russell.

Approved.

Resolved (unanimously) that the minutes of the Council meeting held on 17 May 2022 be approved as a correct record for signature by the Mayor.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

Councillor Jenny Whiffen declared a personal interest in item 10: Levelling Up Funding Bid as her father is the Reverend at Chorley United Reformed Church.

Councillor Aidy Riggott declared a personal interest in item 10: Levelling Up Funding Bid in his capacity as the Lancashire County Council Cabinet Member for Economic Development and Growth.

The Mayor invited Members to attend a welcome event for Ukrainian guests arriving through the Family Scheme and Homes for Ukraine Scheme in August. 

The Mayor noted the Charity Ball had been scheduled for Friday, 10 March 2023. 

The Mayor congratulated Gary Hall, Chief Executive, and his Senior Leadership Team on winning the Municipal Journal Local Government Achievement Award for the Senior Leadership Team 2022. 

Members of the public who have requested the opportunity to ask question(s) on any item(s) on the agenda will have three minutes to put their question(s) to the relevant Councillor. Members of the public will be allowed to ask one short supplementary question.

To view the procedure for public questions/ speaking click here and scroll to page 119

A question was received from Andy Hunter-Rossall, who attended the meeting virtually, and asked the question of the Executive Leader, Councillor Alistair Bradley.

Question one “The government have provided £2 billion of support for bus services across the country during the Pandemic to ensure services remained viable despite passenger numbers being down by as much as 80% at times. This support is due to come to an end in October. Are the Council aware of any bus services that may be threatened by the withdrawal of government support?”

Councillor Bradley responded and noted that Lancashire County Council (LCC) were the transport authority, but he was not aware of any bus services under threat.  This was a question for LCC perhaps?  However, Chorley Council had invested over £700,000 in bus services within Chorley since 2016.  Councillor Bradley noted his hopes for a joined-up transport policy for Lancashire moving forwards. 

Question two “Young people are required to stay in education or training until the age of 18, but the vast majority have to travel outside of Chorley for this provision. The cost of a bus pass to Runshaw College is £475, and to Cardinal Newman College is £409 per year. This is a cost of education which doesn't apply to young people living in towns and cities with colleges, and as the cost of living crisis bites, now is an ideal time to consider subsidising this bus travel, following in the footsteps of Scotland, where bus travel is free for under 21s. This takes cars off the road as more students choose to use the bus over other forms of transport, and puts cash back in the pockets of families. Free bus travel also allows more young people to access Chorley's centralised youth services at Inspire Youth Zone. Will the Council consider the feasibility of a free bus pass for young people?”

Councillor Bradley noted that college transport was a matter for colleges and central government.  Colleges determine how the funding is distributed and suggested that the question be directed to LCC or Westminster?  Chorley Council had worked with the Youth Zone and Stagecoach to implement a £1 fare and have worked with the Youth Zone on other potential transport and service delivery solutions.    

Question three “I was very disappointed watching the Council's Licensing and Public Safety Committee meeting on 6th July, that an amendment to make one of Chorley's 36 Hackney Licences have a condition requiring an electric vehicle was rejected. The committee discussed the cost of purchase of an EV, but ignored the reduced running costs, maintenance costs and tax costs, ie the Total Cost of Ownership. The Council also failed to note the impact on air pollution of introducing clean vehicles to Chorley's town centre. The committee considered that the condition would be "unfair" as it applies to only one license, but given that license rights are "grandfathered", this will be true whenever a new conditions are introduced. Given that the licenses come up so rarely, it is  ...  view the full minutes text for item 19.

To receive and consider the report of the Deputy Chief Executive.

Noted.

The Executive Leader, Councillor Alistair Bradley presented the Council’s Annual Report which summarised the council’s achievements during 2021/22.

The report detailed performance against each of the council’s key priority areas, highlighting successful delivery of key projects. 

Despite the challenging and uncertain period due to the Covid-19 pandemic and other emerging challenges in the economy, the council had continued to deliver against the Corporate Strategy whilst providing support to local residents and businesses that have been impacted.

Looking ahead, challenges for the council include continuing to support residents and businesses to recover following the pandemic, increased demand for local services and the need to maintain momentum in tackling climate change.

The Deputy Leader, Councillor Peter Wilson, thanked officers of the council for their work on projects and their delivery of services for the residents of the Borough. 

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded and it was Resolved (unanimously) that the report be noted.

To consider a general report of the Executive Cabinet held on 16 June and 14 July. 

Noted.

Members considered a general report of the meetings of Executive Cabinet held on 16 June and 14 July.

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded and it was Resolved (unanimously) that the report be noted.

To receive and consider the general report of the Overview and Scrutiny Committee held on 7 July.

Noted.

Members considered a general report of the meeting of the Overview and Scrutiny Committee meeting held on 7 July. 

The Chair of the Overview and Scrutiny Committee, Councillor John Walker proposed and Councillor Sarah Ainsworth seconded and it was Resolved (unanimously) that the report be noted.

To receive and consider the report of the Director of Governance.

Noted.

The Chair of the Overview and Scrutiny Committee, Councillor John Walker, presented Scrutiny Reporting Back, a summary of the work of the Committee in 2021/22.

The Chair thanked Members and Officers for their contributions to the work of the Committee and acknowledged that it had been a challenging year.

The Chair of the Overview and Scrutiny Committee, Councillor John Walker proposed and Councillor Sarah Ainsworth seconded and it was Resolved (unanimously) that the report be noted.

To receive and consider the general report of the Governance Committee held on 1 June. 

Noted.

Members considered a general report of the meeting of the Governance Committee held on 1 June. 

The Chair of the Governance Committee, Councillor Debra Platt proposed and the Vice-Chair, Councillor Mark Clifford seconded and it was Resolved (unanimously) that the report be noted.

To receive and consider the report of the Director of Change and Delivery.

1.         Approval granted to commence the shared services review for the Property and Assets function including staff consultation and engagement in line with the process set out in the report.

2.         Approach to reviewing further opportunities for sharing following the phase 3 service reviews approved, with any proposals to be considered by Full Councils prior to service reviews taking place.

The Executive Leader, Councillor Alistair Bradley, presented the report of the Director of Change and Delivery which outlined the proposed approach for the delivery and implementation of phase 3 of shared services.

In line with agreements made by the two partners, the scope of the shared services arrangement between Chorley Council and South Ribble Borough Council had increased considerably in the last two years. From the longstanding shared financial and assurance services, shared services now included 47% of the workforce for the two councils. 

It was proposed that the next phase of shared services consists of the Property and Asset functions. This had been determined by evaluating opportunities for sharing across the councils, alongside prioritising services for review based on the areas where sharing would have the most beneficial impact.

The report had been considered at Shared Services Joint Committee in June. 

Members noted there had been challenges during the Shared Services journey, but that the benefits were clear.  If the proposals went ahead around 50% of the staff would be part of Shared Services. 

Members discussed the improvements for staff regarding terms and conditions within Shared Services and supported the approach taken. 

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded and it was Resolved (unanimously)

1.      Approval granted to commence the shared services review for the Property and Assets function including staff consultation and engagement in line with the process set out in the report.

2.      Approach to reviewing further opportunities for sharing following the phase 3 service reviews approved, with any proposals to be considered by Full Councils prior to service reviews taking place.

A question has been received from the Leader of the Opposition, Councillor Alan Cullens. 

A question has been received from the Leader of the Opposition, Councillor Alan Cullens, for the Executive Leader, Councillor Alistair Bradley.

Following the recent fire at the Clayton Hall Landfill site could the relevant portfolio holder please advise the meeting of the following:

1 What items, which are described as Commercial Waste, are currently being tipped?

Response: The Environment Agency (EA) regulate what can be accepted at the landfill site. This is set out in detail in the permit, which is publicly available here: Environment Permit for Clayton Hall Landfill Site  There are around 10 pages of defined items all of which are classed as non-hazardous.  A question will be requested of the the EA as part of their investigation to identify what has been tipped recently and any link to the fire and this information will be shared.

2 As a result of the fire was there any risk to residents of toxins within the smoke?

Response: The UK Health Security Agency (UKHSA) lead on this with the EA. The response as part of the incident was managed through an Air Quality Cell of suitably qualified people. Other members of the air quality cell were the Met Officer and other technical advisors. They initially categorised the incident as a level 2, which quickly reduced to a level 1, level 3 would mobilise air quality monitoring. Monitoring remained on standby in the event of changes.  Environmental factors were favourable which encouraged smoke plumes to disperse and the black smoke reduced quickly.

3 What is estimated to be the cost to Chorley Borough Council following actions that had to be undertaken and will efforts be made to recover these costs?

Response: As the site is regulated by the county council in terms of planning and the EA for its operation, the involvement of Chorley Council is limited to support provided as part of the emergency response through the Lancashire Resilience Forum. The support was requested through the LRF by Lancashire Fire and Rescue. Approximately three days of officer time had been spent on the incident, primarily from Environmental Health who attended the site and subsequent update meetings to provide support and advice to Lancashire Fire and Rescue. There would also have been some communications and other support staff time spent although this would be hard to identify from other day to day and other duties. The council was also asked to provide sandbags to protect the Fire Service’s equipment, at an estimated cost of £740. The council will work with partners to determine the best approach to recovering costs from the site operator. The costs to the council were estimated between £3 and £5 thousand pounds in total.

4 What mitigation or plans will the site owners be putting in place to ensure that there is no repeat incident?

Response: The EA have confirmed now the initial emergency response had reduced there would be a focus on an investigatory role and recovery phase to review and breaches of conditions and any  ...  view the full minutes text for item 26.

No Notices of Motion were submitted in accordance with Council Procedure Rule 10.

To receive and consider the report of the Chief Executive.

1.         Approval granted for an estimated package to deliver the levelling up funding scheme, which will be supported by a levelling up funding bid.  This is subject to review once any successful bid is announced. 

2.         Acknowledged that the financial commitment from the Council will be off set through revenue returns from the scheme.

3.         Acknowledged that costs are budget and subject to further detailed design.

4.         Acknowledged that progression of the scheme development will be subject to successfully securing the levelling up funding.

5.         Acknowledged that scheme design will have to progress at risk ahead of confirmation of funding to ensure the delivery programme can be achieved.

6.         Approval granted that a budget of Progression of the design will require a financial commitment (approx 2% of project costs) prior to securing the Levelling up Funding.

The Leader of the Opposition, Councillor Alan Cullens, queried if the discussion on the item could be held in public, noting that commercially sensitive information would have to be considered in private session. 

The Monitoring Officer, Chris Moister, advised this would be acceptable, but stressed the need for caution. 

The Executive Leader, Councillor Alistair Bradley, gave a short presentation which set out the plans for the Levelling Up Funding bid (LUF), and noted that councils were invited to submit a bid no later than 6 July 2022. 

The timescales for the funding bids were tight and therefore it was important that the schemes included were already partly progressed and/or the land was owned by the council.  The schemes also needed to focus on the three key properties of the LUF, town centre regeneration, cultural and heritage and transport improvements. 

Members considered the proposals relating to the Civic Square, Bengal Street and Hollinshead Health Hub. 

The Leader of the Opposition, Councillor Alan Cullens, queried when the council had been informed that it would be in the level one category.  This information would be confirmed following the meeting, but was thought to be early May 2022.  The need for consultation with the public and members as the schemes progressed was noted. 

Councillor Bradley responded to a query regarding the timescales for planning applications to be determined and noted that conversations had already taken place with planning officers regarding the proposed schemes and the proposed timescales to submit an application was set out in the report. 

The debate continued in private session. 

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act.

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

Approved.

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded and it was Resolved (unanimously) That the press and public be excluded from the meeting for the following item of business on the grounds that it involves the disclosure of exempt information as defined by paragraphs 1 and 3 of Part 1 of schedule 12A to the Local Government Act.

The Executive Leader, Councillor Alistair Bradley, acknowledged the significant funding implication for the council, but stressed the opportunities to generate income from the proposed schemes. 

The council had also submitted LUF schemes to Lancashire County Council. 

Members debated the proposals and noted the option to submit smaller scale projects, the need for further detailed planning for the projects and the pressure of the deadline to submit the bid.  It was suggested that the Wholly Owned Company Working Group be requested to monitor the progress of the projects to ensure members were kept informed.

The Leader of the Opposition, Councillor Alan Cullens, proposed an amendment to the first recommendation which was seconded by Councillor Sam Chapman as follows “Approval granted for an estimated package to deliver the levelling up funding scheme, which will be supported by a levelling up funding bid.  This is subject to review once any successful bid is announced”.

The amendment was voted on and it was Resolved (unanimously)

1.    Approval granted for an estimated package to deliver the levelling up funding scheme, which will be supported by a levelling up funding bid.  This is subject to review once any successful bid is announced.

The Executive Leader, Councillor Alistair Bradley proposed and the Deputy Leader, Councillor Peter Wilson seconded the remaining recommendations and it was Resolved (unanimously)

2.     Acknowledged that the financial commitment from the Council will be off set through revenue returns from the scheme.

3.     Acknowledged that costs are budget and subject to further detailed design.

4.     Acknowledged that progression of the scheme development will be subject to successfully securing the levelling up funding.

5.     Acknowledged that scheme design will have to progress at risk ahead of confirmation of funding to ensure the delivery programme can be achieved.

6.     Approval granted that a budget of Progression of the design will require a financial commitment (approx 2% of project costs) prior to securing the Levelling up Funding.

To receive and consider the report of the Director of Commercial. 

1.         Noted that it is intended to buy back the Lease from the tenant.

2.         Approval to the creation of a capital budget for the purchase and renovation of Chorley Lodge to bring the property back into occupation and economic use

3.         Noted that on completion of the renovation, to market The Lodge to bring it back into economic use and occupation, with terms agreed reported for approval by the Executive Member for Resources.

The Deputy Leader, Councillor Peter Wilson, presented the confidential report of the Director of Commercial Services. 

The report sought instructions regarding the surrender of a long lease of Chorley Lodge Bolton Road Chorley, renovation of the property and marketing to bring back into economic use and occupation.

Members noted the Lodge was a Grade II listed building and that the entrance to Duxbury Park was also being affected and causing reputational damage to the Council.

Members debated the approach to resolving the issue and the risks associated with these.  Details relating to the discussion with the current leaseholder would be confirmed following the meeting to Councillor Sam Chapman. 

The Deputy Leader, Councillor Peter Wilson proposed and the Executive Member (Early Intervention), Councillor Bev Murray seconded and it was Resolved (by majority 31:7:1)

1.      Noted that it is intended to buy back the Lease from the tenant.

2.      Approval to the creation of a capital budget for the purchase and renovation of Chorley Lodge to bring the property back into occupation and economic use.

3.      Noted that on completion of the renovation, to market The Lodge to bring it back into economic use and occupation, with terms agreed reported for approval by the Executive Member for Resources.

To receive and consider the report of the Director of Planning and Development. 

1.         Approval to increase the budget for Wigan Lane.

2.         Approval to award the contract for the construction of Wigan Lane Archery Facility to Wade Group

The Executive Member (Planning and Development), Councillor Alistair Morwood, presented the confidential report of the Director of Commercial Services. 

The report requested additional budget to implement the development scheme at Wigan Lane Playing Field and to award the contract.

Following receipt of tenders the value of the whole site works including pitch drainage and levelling led to an Executive Cabinet decision in June 2022 to allocate a further amount to be funded from CIL.  The increased costs were primarily due to the current volatility in the construction industry.

Councillor Sam Chapman queried how many ‘Chorley Bowmen’ there were and how many were residents of the Borough.  This information would be confirmed following the meeting. 

The Executive Member (Planning and Development), Councillor Alistair Morwood and the Executive Leader, Councillor Alistair Bradley seconded and it was Resolved (unanimously)

1.     Approval to increase the budget for Wigan Lane.

2.     Approval to award the contract for the construction of Wigan Lane Archery Facility to Wade Group.